DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 6620-00
9 February 2001

From: Chairman, Board for Correction of Naval Records
To:

Secretary of the Navy

Subj: C A

REVIEW OF NAVAL RECORD

USMC

Ref:

Encl:

(a) Title 10 U.S.C. 1552

(1) DD Forms 149 (3) dtd 25, 26 and 27 Sep 00 w/attachments
(2) BCNR file, docket no 2303-99
(3) HQMC MMOA-4 memo dtd 6 Nov 00
(4) Subject’s ltr dtd 15 Jan 01
(5) Subject’s naval record

1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected by removing his failure of selection before the Fiscal Year (FY) 1999 Captain
Selection Board; returning him to the Regular Marine Corps effective 1 November 1999; and
changing the date of rank and effective date of his promotion to captain to reflect selection
by the FY 1999 Captain Selection Board, vice the special selection board (SSB) he received
for the FY 2000 Captain Selection Board. Finally, he requested return of his sold accrued
leave. The corrective action indicated below will require that his sold accrued leave be
returned, together with recoupment of payments he received when he sold the leave.

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2. The Board, consisting of Messrs. Kastner, Lippolis, and Pfeiffer, reviewed Petitioner ’s
allegations of error and injustice on 1 February 2001, and pursuant to its regulations,
determined that the limited corrective action indicated below should be taken on the available
evidence of record. Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and policies.

3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations
of error and injustice, finds as follows:

a. Before applying to this Board, Petitioner exhausted all administrative remedies

available under existing law and regulations within the Department of the Navy.

b. Petitioner had a previous case before this Board, the file for which is at enclosure
(2). Before they received this case, the Headquarters Marine Corps (HQMC) Performance
Evaluation Review Board 

(PERB) had directed removal of the reviewing officer’s comments

from his fitness reports for 1 February to 30 May 1997 and 31 May to 30 November 1997.
When this Board reviewed his previous case on 23 March 2000, they did not consider his
20 Captain Selection Boards and set
requests to remove his failures by the FY 1999 and 
aside action to effect his involuntary discharge from the Regular Marine Corps, because they
believed that as a result of his promotion by means of his SSB, his failures of selection had
been removed administratively, and action to effect his discharge had been set aside. In fact,
because the SSB was for the FY 2000 Captain Selection Board, only the FY 2000 failure was
removed administratively; further, before this failure was removed, Petitioner was discharged
from the Regular Marine Corps on 1 November 1999 by reason of having twice failed of
selection to captain. He took a commission in the Marine Corps Reserve without a break in
service, and he executed orders to perform active duty for special work. He received his
promotion to captain after having been discharged from the Regular Marine Corps.

c. The next to last document at enclosure (2) is an advisory opinion provided by the

HQMC Officer Career Counseling and Evaluation Section, Officer Assignment Branch,
(MMOA-4), dated 29 March 1999, which commented to the
Personnel Management Division 
effect that Petitioner ’s request to remove his failure by the FY 1999 Captain Selection Board
should be denied, notwithstanding the corrective action directed by PERB.

d.

In correspondence attached as enclosure 

MMOAQ adhered to their
opinion of 29 March 1999, and they recommended denying Petitioner ’s current request to
backdate his promotion to reflect an FY 1999 selection. In this regard, they commented to
the effect that the two missing items for which he was granted an SSB (certificate for a
warfighting skills course completed on 25 January 1999 and a fitness report for 1 July 1998
to 11 January 1999) could not be considered to have been missing for the FY 1999
promotion board, which convened on 3 March 1998.

(3), the HQMC 

e.

In his letter at enclosure 

(4), Petitioner noted that the two sets of reviewing officer

comments removed by PERB had been seen by the FY 1999 Captain Selection Board; and he
argued that absent the comments, his record would have been competitive.

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board finds the existence of
an injustice warranting limited relief.

The Board finds that Petitioner must be restored to active duty in the Regular Marine Corps,
because his discharge was based in part on his failure by the FY 2000 Captain Selection
Board which has been removed. The Board further finds that his failure by the FY 1999
Captain Selection Board should stand, and that his promotion should not be backdated. In
this regard, they substantially concur with the two MMOA-4 advisory opinions discussed
above in concluding that his selection by the FY 1999 Captain Selection Board would have
been definitely unlikely, even if his record had not included the later removed reviewing
officer comments; and that the basis for the SSB did not apply to the FY 1999 board.

2

.

In view of the above, the Board directs the following limited corrective action.

RECOMMENDATION:

a. That Petitioner ’s naval record be corrected to show that he was not discharged from

the Regular Marine Corps on 1 November 1999, but served continuously in the Regular
Marine Corps after that date; and that he be reinstated to active duty in the Regular Marine
Corps accordingly.

b. That his record be corrected further to show his promotion to captain was in the

Regular Marine Corps, rather than the Marine Corps Reseve.

--

c. That any material or entries relating to the Board ’s recommendation be corrected,

removed or completely expunged from Petitioner ’s record and that no such entries or
material be added to the record in the future.

d. That any material directed to be removed from Petitioner ’s naval record be returned

to the Board, together with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross reference being made a part of
Petitioner’s naval record.

e. That the remainder of Petitioner ’s request be denied.

4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board ’s review and deliberations, and that the foregoing is a true and complete
record of the Board’s proceedings in the above entitled matter.

ROBERT D.
Recorder

ZSALMAN

JONATHAN S. 
Acting Recorder

RUSKIN

to the delegation of authority set out in Section 6(e) of the revised Procedures

5. Pursuant
of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.

3

‘EPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280  RUSSELL ROA
QUANTICO, VIRGINIA   22 

D

134-5 103

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS

i

Subj:

Ref:

BCNR PETITION FOR FIRST LIEUTENANT

C

(a) MMER Request for
First Lieutenant
USMC of 26 Mar 99

Recommend disapproval of First Lieutenant

1.
for removal of his failure of selection.

_-

s request

Per the reference,

FY99  USMC Captain Selection Boa

we reviewed First Lieutenan
First Lieutenant

2.
record and petition.
on the 
petitioned the Performance Evaluation Review Branch to remove
the Reviewing Officer comments from the Grade Change fitness
report of 970201 to 970530 and the Transfer fitness report of
970531 to 971130.
Officer comments from the Semi-Annual fitness fitness report of
960615 to 970131 and the Temporary Duty fitness
to 980303 was denied.
removal of his failure of selection.

First Lieutenan

However,

successfully

his petition to remove the Reviewing

report of 971202
‘requests

n

In our opinion,

the petitioned report's Reviewing Officer

3.
comments do present   some jeopardy to the record.
believe the following areas of competitive concern most likely
would have resulted in his failure of selection even with the
petitioned comments removed from the record:

However,  we

a. Value and Distribution

.

First Lieutenant

overall Value and Distribution contains nine officers ranked
above him and three below.

b.

Section B marks.

First Lieutena

contains less competitive Section B trends
Duties and Force.

record

in Administrative

C .

Professional Military Education
has not completed the requisite PME for his grade per

(PME) .

 

First Lieutenant

MC0  1553.4 .

Subj:

d.

FIRST LIEUTENANT
SMC

The Basic School Class Standing

.

First Lieutenant

finished 228 of 230 in his Basic School class.

In summary,

4.
to the record.
we believe there would remain
sufficient competitive concern in the record even with the
Reviewing Officer comments removed from the petitioned reports.

the petitioned reports do present  
However,

some  jeopardy

we recommend disapproval of First Lieutenant
request for removal of his failure of selection.

Officer Counseling and

Head,
Evaluation Section
Officer Assignment Branch
Personnel Management Division

\

j

DEPARTMENT OF THE NAVY
‘
..I %DQUARTERS UNITED STATES MARINE CORP
103

RUSOELL ROA
 
134

QUANTICO, VIRGINIA

3280 

-5
22 

D

 

S

IN REPLY REFER TO:
1600
MMOA-4
6 Nov 00

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

BCNR PETITION  

FQR  CAPTAIN

USMC

Ref:

(a) 

MMER  Re
Captain
USMC of

(b) MMOA-4 Advisory Opinion 1600  
(c) MMOA-4 Advisory Opinion 1600 MMOA-4 of 2 Sep 99

MMOA-4  of 29 Mar 

--

f

99

Recommend disapproval of Captain

1.
removal of his failure of selection and backdating his date of
rank (DOR).

request for

(

Captain

Per reference

2.
petition.
FYOO USMC Captain Selection Boards.
recommend disapproval of Captain
his failures of selection.
selected bv a  
Captain
selection and backdating his DOR.

Soecial

iewed Captain
ailed 
selecti

s record and
FY99  and

References

(b) and (c)

Selection Board (SSB) and

requests removal of his FY-99

failure of

peti
aptai

ove
as

and (c) remain germane.
n references (b)
was granted a SSB because of material error:

missing Warfighting Sills Certificate and the Transfer report
980701 to 990111.
viewed by the  
therefore,
his failure of selection and backdating his DOR.

Neither of these documents would  
FY99  Board which convened on 980303. We,

recommend disapproval of his request for removal of

of

have been

4.

Point of contact:

U. S. Marine Corps

Lieutenant Colonel,
Officer Counseling and
Evaluation Section
Officer Assignment Branch
Personnel Management Division